R.Ramakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.29808 of 2018 and W.MP.No.34784 of 2018 R.Ramakrishnan .. Petitioner Vs.

1. The Commissioner, Hindu Religious & Charitable Endowment Department, Uttamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. Joint Commissioner, H.R. & C.E. Department, Kottai Mariamman Temple Complex, Salem - 636 001.

3. The Executive Officer, Arulmigu Govindarajaperumal Temple, Udayapatti, Salem-636 140.

4. Rangasamy

5. Gopi

6. T.Ramamurthy 7.M.Chokalingam .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 not to permit respondents 4 to 7 to conduct any ritual connected with third respondent in the down hill temple on their own.

For Petitioner : M/s.Shobana Ramasubramaniya For Respondents1 & 2: Mr.M.Maharaja, Special Government Pleader (HR & CE)

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a direction to the respondents 1 to 3 not to permit respondents 4 to 7 to conduct any ritual connected with third respondent in the down hill temple on their own.

3. It appears that there are rival disputes between the parties with regard to ritual connected with the down hill temple. It is seen that there is no representation given by the petitioner to the respondents in this regard. However, the learned counsel submitted that it would suffice, if the petitioner is granted liberty to approach the second respondent with a representation to ventilate his grievances.

4. Mr.M.Maharaja, learned Special Government Pleader (H.R & C.E) appearing on behalf of the respondents 1 and 2.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court permits the petitioner to submit a representation enclosing all the required documents in support of his claim, along with a copy of this order to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, after issuing notice to the petitioner as well as respondents 4 to 7 herein and also affording due opportunity of personal hearing to the petitioner, the respondents 4 to 7 herein as well as any of the interested parties, within a period of six weeks thereafter. 5.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Srn/av

To

1. The Commissioner, Hindu Religious & Charitable Endowment Department, Uttamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. Joint Commissioner, H.R. & C.E. Department, Kottai Mariamman Temple Complex, Salem - 636 001.

3. The Executive Officer, Arulmigu Govindarajaperumal Temple, Udayapatti, Salem-636 140.

+1 CC to Mr.B. Sumithra, Advocate sr 78565.

+1 CC to The Govt. Pleader sr 80107.

W.P. No.29808 of 2018 and W.MP.No.34784 of 2018 SP(06/12/2018)